Mark Burghardt
PEOPLE

Mark Burghardt

Partner
burghardt.mark@dorsey.com

Overview

MARK REPRESENTS CLIENTS IN THE ENERGY AND NATURAL RESOURCE INDUSTRY IN LITIGATION, ADMINISTRATIVE HEARINGS, AND TRANSACTIONS.

Mark engages with clients to prevent and solve issues with the location and development of their oil, gas, mining, and renewable energy projects. He has worked with companies on projects involving federal, state, private, and Indian lands.

Mark has also represented clients in a wide range of transactions and joint ventures. He has litigated energy development and land use disputes in both federal and state court and has routinely appeared before Utah Board of Oil, Gas and Mining and the Utah Division of Environmental Quality.

Education & Admissions

University of Utah, S. J. Quinney College of Law (Juris Doctorate, 2007)

Utah State University (Biology Major; Chemistry Minor, 2004)

Admissions

  • Utah

Languages

  • English, Russian

Experience

Representative Experience

Transactional

  • Conducted due diligence and drafted transactional documents for the purchase of significant coal assets in Utah, New Mexico, and Colorado
  • Represented natural resource client in asset purchase of two rival operators in the Uintah basin; involved state, federal, and private lands
  • Served as local counsel for a mining company in bankruptcy proceeding and worked with bankruptcy counsel and government agencies to ensure proper maintenance and transfer of assets
  • Conducted review and revised lease agreements, surface use and damage agreements, rights-of-way, and easements for facilities, roads, pipelines, and wells for several major energy companies
  • Represented a lender to evaluate and revise transactional documents in financing of distressed oil and gas operator
  • Drafted the purchase and sale agreement for acquisition of gas wells on federal lands
  • Drafted global settlement agreement and represented purchaser in negotiations with the Ute Indian Tribe for the resolution of royalty and lease validity issues for tribal oil and gas leases
  • Conducted due diligence and drafted transactional documents for acquisition of a 300 MW commercial solar project in Utah
  • Represented the lender in a 500-million-dollar financing of a commercial geothermal project
  • Conducted due diligence and drafted transactional documents for the financing of a commercial geothermal projects on private and state lands
  • Advised in the financing and drafted the security agreement and deed of trust for a large tar sands project

Litigation

  • Successfully defended a lawsuit over the scope of a tax sale and defended an appeal at the Utah Supreme Court by overturning existing case law and establishing a new precedent, Jordan v. Jensen, 2017 UT 1
  • Defeated a lawsuit brought by a natural gas producer to gain access under the Mineral Leasing Act to a natural gas pipeline transportation system in a federal unit
  • Obtained a preliminary injunction and judgment for an oil producer against a pipeline operator in a dispute over the use of a natural gas transportation pipeline
  • Represented operator in a successful challenge to IBLA appeal of a bonding decisions
  • Ongoing litigation representing several Utah counties in a quiet title action against the federal government to establish public ownership of several thousand roads on federal lands

Other Relevant Experience

  • Advised on federal and state bonding requirements for oil and gas wells as well as gold and silver mines
  • Advised and represented oil and gas producer in meetings with BLM related to compliance with revised Onshore Order No. 3
  • Directed multiple oil and gas companies on the location, permitting, and operations of oil and gas pipelines on federal, state and private lands
  • Developed and maintained relationships with various state and federal agencies, including the BLM (state and field offices), DOGM, BOGM, and SITLA

News & Resources

Select Presentations

  • Presented at the 2017 Annual Rocky Mountain Mineral Law Foundation Annual Institute on Federal Oil and Gas Leasing Issues
  • Presented AAPL Surface Access Seminar
  • Presented as the Rocky Mountain Mineral Law Foundation Special Institute on Pooling and Unitization

Professional & Civic

Professional Achievements

  • Rocky Mountain Mineral Law Foundation, Special Institute Committee, Member
  • American Association of Professional Landmen (AAPL), Due Diligence Committee, Member
  • Utah Association of Professional Landmen, Member
  • Utah State Bar Association, Oil and Gas Committee, Member; Energy, Natural Resources and Environmental Law Section, Chair
  • American Bar Association, Environmental, Energy, and Resources, and Oil and Gas Sections, Member
  • Federal Bar Association, Member
  • Energy Bar Association, Member
  • Society of Petroleum Engineers, Salt Lake City Section, Treasurer


Accolades

  • Mountain States Super Lawyers®, Energy & Resources, Rising Star, 2011; 2014-2017
  • Utah Business Magazine, Utah Legal Elite, Energy & Natural Resources, 2013-2014; 2018-2019
Mark Burghardt